Friedman, Matter of

CourtNew York Court on the Judiciary
Citation409 N.Y.S.2d 959
PartiesIn the Matter of the Proceedings Pursuant to Section 9-a * of Article VI of the New York Constitution in Relation to Louis L. FRIEDMAN, Justice of the Supreme Court, Second Judicial District. Court on the Judiciary
Decision Date22 February 1963

Page 959

409 N.Y.S.2d 959
In the Matter of the Proceedings Pursuant to Section 9-a
* of Article VI of the New York
Constitution in Relation to Louis L.
FRIEDMAN, Justice of the
Supreme Court,
Second
Judicial District.
Court on the Judiciary.
Argued Feb. 22, 1963.
Decided Feb. 22, 1963.
Decision of the Court

Before DESMOND, P. J., and DYE, RABIN, BRENNAN, COON and BASTOW, JJ.

The opinion of the court follows:

The Court on the Judiciary, having heard the proofs of the parties as stipulated and

Page 960

offered and the oral arguments of counsel and having examined the briefs of counsel, finds and decides as follows:

(1) That Louis L. Friedman interfered with and obstructed a Judicial Inquiry and Investigation ordered on the 21st day of January, 1957 by the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department;

(2) That said Louis L. Friedman engaged in unethical and improper conduct in that, while a Justice of the Supreme Court, he maintained in his judicial chambers exclusive custody, control and management of the moneys, accounts, books and financial records of the firms of Friedman and Friedman and M. Malcolm Friedman without properly preserving or accounting therefor and, moreover, would not surrender the same to M. Malcolm Friedman despite reasonable and proper demands therefor;

(3) That said Louis L. Friedman by his actions as to the Shevack claim violated and failed to observe the concept, spirit and letter of the canons of judicial ethics;

(4) That by the acts and omissions described in findings Nos. 1, 2 and 3 hereinabove, said Louis L. Friedman abused his public office as a Justice of the Supreme Court of the State of New York;

(5) That said abuse of public office and said acts and omissions are sufficient cause for the removal from office of said Louis L. Friedman;

Now therefore it is ordered and adjudged that said LOUIS L. FRIEDMAN be and he hereby is removed from his office as Justice of the Supreme Court of the State of New York.

All concur except RABIN and BRENNAN, JJ., who dissent and vote to dismiss the charges.

Thereafter, Louis L. Friedman presented to the court his petition and a proposed order to show cause to vacate the said decision of the court, on the asserted grounds (1) that two of the members of the Court were not present when the court was convened on August 15, 1962 and that therefore the Court on the Judiciary was never properly composed; (2) that proper notice of...

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